City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 5-9-2005 by Ord. No. 13-2005;[1] amended in its entirety 10-9-2007 by Ord. No. 26-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 127.
[1]
Editor's Note: This ordinance also repealed former Ch. 138, Entertainment Hours, adopted 3-25-1968 by Ord. No. 20-1968 as Ch. 6, Art. I, Sec. 6:1-3, of the 1968 Code, as amended.

§ 138-1 Findings of fact.

It is hereby declared that the City wishes to address serious crime and quality-of-life issues on a City-wide basis. The East Orange Police Department has determined that a significant percentage of violent crime in East Orange occurs between the hours of 11:00 p.m. to 6:00 a.m., and the operation of certain small retail businesses, places of public entertainment and places of private entertainment and meetings during these hours is a substantial contributing factor to, or source of, late-night robberies, breaches of the peace and illegal drug activity.

§ 138-2 Purpose.

The purpose of this chapter is to establish reasonable and safe hours within which retail businesses, places of public entertainment and places of private entertainment and meetings may operate within the City. The governing body deems that the time restrictions set forth herein are necessary to protect the public health, safety and welfare of the City's residents. Allowing certain businesses to operate at unreasonable and unsafe hours not only hinders the provision of adequate police protection, but disrupts the peace and tranquility of the community. Therefore, it is hereby determined to be in the best interests of the public health, safety and welfare of the residents of the City of East Orange that certain retail businesses, places of public entertainment and places of private entertainment and meetings cease to operate at unreasonable and unsafe hours.

§ 138-3 Retail businesses.

A. 
For purposes of this section, "retail business" means any business which holds itself out to the general public for the sale of retail, goods or services. It does not include taverns, indoor theaters, motion-picture theaters and other places where cultural and educational assemblies are being conducted.
B. 
Retail businesses may operate in the City only within the time restrictions set forth in this section:
(1) 
Sunday through Thursday: 6:00 a.m. to 11:00 p.m.
(2) 
Friday through Saturday: 6:00 a.m. to 12:00 midnight.
C. 
The time limitations in this section do not apply to the following:
(1) 
Activities such as stacking of shelves, taking of inventory, and other similar activities, provided that such activities do not cause noises or sounds which may be heard outside of the walls of any building on the premises where the retail business is located;
(2) 
Retail businesses which are accessible to the public for business after 11:00 p.m. solely by means of a drive-up facility, containing a protective enclosure from behind which transactions of business with the public are conducted; or
(3) 
Retail business where the parking is contiguous and adjacent to the front or rear entrance of the business and where the owner or operator is the actual owner or tenant of the parking area. For the purposes of this chapter, patrons utilizing the retail business must be able to access the business through the entrance (front or rear) that is contiguous and adjacent to the parking facility.

§ 138-4 Places of public entertainment.

A. 
For purposes of this section, "places of public entertainment" shall mean poolrooms, bowling alleys, motion-picture establishments and other similar establishments.
B. 
Places of public entertainment may open to the public for business only within the time restrictions set forth in this section.
(1) 
Monday to Saturday: 8:00 a.m. to 2:00 a.m. the next succeeding day, prevailing time;
(2) 
Sunday: 1:00 p.m. to 2:00 a.m. the next succeeding day, prevailing time, except that, on Sunday, motion-picture establishments, theaters and multipurpose spaces shall not open to the public before 11:00 a.m. For purpose of this section, "multipurpose space" means a room or space used to accommodate cultural functions, social gatherings and other activities such as dining, plays, films, assemblies, community meetings, physical education and large group instruction.

§ 138-4.1 Places of private entertainment and meetings.

A. 
For purposes of this section, "places of private entertainment and meetings" shall mean churches, clubs, conference centers, lodge buildings, private and parochial schools, or any other establishment that rents or leases the premises for parties and other activities where alcohol is consumed at a party or other social function. For the purposes of this section, it shall be in effect irrespective of whether alcohol is served or consumed.
B. 
Places of private entertainment and meetings shall conclude operations Sunday to Saturday at 2:00 a.m. the next succeeding day, prevailing time, and shall require that all patrons leave the area of the establishment (as defined under this section) immediately after the conclusion of operations.
C. 
The owners (or their designee) of any establishment as defined under this section shall provide to the office of the Chief of Police a listing of any social event or party located on the premises, the name, address and telephone number of the individual or organization sponsoring the event. Said listing shall be provided within 72 hours of the scheduled event. In addition, the owners (or their designee) shall provide to the office of the Chief of Police the name, address and telephone number of the individual responsible for event operations at the establishment.

§ 138-5 Violations and penalties.

Any person, firm or corporation found in violation of this chapter shall be subject to a fine not to exceed $750 or imprisonment for a period not to exceed 90 days, or both.